...refusal did touch and concern the land and thus was a valid covenant running with the land. After a bench trial the circuit court ruled that the current owner's deed was not void ab initio and that it...extraordinary relief of declaring an executed deed void ab initio is not appropriate in this case. 3. A trustee in a deed of trust can only do with the trust property what the deed...trustees under deeds of trusts which were declared void ab initio is distinguishable because in this case, the foreclosure purchasers were not trustees under a deed of trust. Rather, they were owners of a...

...conveyed on the authority of a forged deed. Under our prior case law it is well-settled that a forged deed is void ab initio, meaning a legal ity at its inception. As such, any encumbrance upon real property based on a forged deed is...forged deed has long been treated as void ab initio, entirely without effect from inception. Therefore, the CPLR 213(8) statute of limitations does not apply to her claims to vacate and declare the deed and.... Harding v. Ja Laur Corp., 20 Md.App. 209, 214, 315 A.2d 132, 135 [1974] [“A forged deed ... is void ab initio...

.... 3. STATUTE OF LIMITATIONS — Quiet Title Action — Tax Deed Void Ab Initio. — The two statutes of limitations barring an action attacking a tax deed if not commenced within one year...from the issuance of the deed do not protect a tax deed which is void ab initio. Sections 64-2212, 64-2203a, Burns' 1951 Replacement. p. 190. 4. DEEDS — Tax Sale — Demand for Taxes — Tax Deed Void...concealment." It must follow, therefore, that lack of notice would be fatal as to the validity, not only of the sale, but would render the tax deed void ab initio, as well...

..., supra. Accordingly, we hold that Section 689.11(2) does not apply to a homestead deed which is void ab initio due to constitutional infirmities. Second, not only was the 1966 deed void...here in question was void ab initio because the attempted conveyance was in derogation of two requirements under the 1885 constitution, joinder and valuable consideration. The supreme court...ab initio due to failure to comply with the express and implied constitutional requirements, but it was voidable by appellants, who possessed an inchoate interest created and protected by the constitution at the time the 1966 deed was...

..., Marion Gotshall brought suit to partition the property relying on the validity of the conveyance through the straw man. On motion for summary decree the trial court determined the deed void ab initio and...the rights of homestead beneficiaries do not vest until the death of the head of the household, the deed is not void ab initio, and, since the homestead terminated before the death of the head of the household, no right vested in the adopted daughter, and therefore the deed to...wife conveying homestead property void ab initio as to the rights of a homestead beneficiary. James E. Gotshall was first married to Mary Janet Gotshall and they with their adopted...

...the deed transferred by the use of those powers void ab initio. By order entered October 15, 2010, the court granted the motion for reargument, on default and, upon reargument, vacated the stipulation and declared the deed void...] ). In any event, the failure to record the powers of attorney, which the court found had been validly executed, does not alone serve as a basis for declaring the deed void ab initio. Vacatur...ab initio. The court providently exercised its discretion in vacating the October 2010 order and reinstating the stipulation of settlement (see...

...(22 NYCRR) § 207.48, rendered the deed transferred by the use of those powers void ab initio. By order entered October 15, 2010, the court granted the motion for reargument, on default and, upon reargument, vacated the stipulation and declared the deed void...court found had been validly executed, does not alone serve as a basis for declaring the deed void ab initio. Vacatur of the October 15, 2010 order also serves the substantial interests...ab initio. The court providently exercised its discretion in vacating the October 2010 order and reinstating the...

...powers void ab initio. By order entered October 15, 2010, the court granted the motion for reargument, on default and, upon reargument, vacated the stipulation and declared the deed void ab initio...failure to record the powers of attorney, which the court found had been validly executed, does not alone serve as a basis for declaring the deed void ab initio. Vacatur of the October.... Seven siblings inherited an apartment building from their mother, who died intestate on June 6, 1994. By deed dated May 27, 1998, ownership of the property was transferred from the seven siblings to...

...District Court for the County of Sevier on the ground that the deed on which plaintiffs' mortgagor, 1st OK Corporation, depended for title was void ab initio. Plaintiffs appeal, and only Defendants...inducement but not fraud in factum, which must be shown if the deed was void ab initio, and that the District Court erred in granting summary judgment to the Curtises on that basis. Plaintiffs...; in other words, where it is proved that the deed was not the deed of the grantor. A deed void ab initio carries no title on which a bona fide purchaser may rely, whereas a deed...

..., were void ab initio. A deed that is forged is a legal nullity, which conveys nothing, and a mortgage based on such a deed is likewise invalid...record-does not render the deed void ab initio, but, at most, voidable (see Matter of Shau Chung Hu v Lowbet Realty Corp., 161 A.D.3d 986..., Biddle, acting as administrator of the estate, executed a deed conveying the property to herself and to her sister, the defendant Denise Ebron. In 2009, Biddle and Ebron obtained a loan from the plaintiff...

...obtaining the conviction, the People sought an order declaring the subject deed void pursuant to section 115, subdivision (e). The trial court granted the motion in a written decision that declared the subject deed void ab initio. The...court also issued a separate order again declaring the subject deed void ab initio. All.... In mid-May 2018, after an evidentiary hearing, the trial court issued a written "decision" granting the People's motion and declaring the subject deed void ab initio. The...

... property description attached to a deed he executed renders the deed a "forged deed" that is void ab initio. The escrow company and the grantee, on the other hand...to a deed that is void ab initio or a claim that is subject to a statute of limitations, we reframe the questions as follows...). 1. Under Hawai'i law, when is a deed void ab initio for fraud, such that a claim challenging the validity of the deed is not subject to a statute of limitations? 2...

...sale and renders the tax deed void ab initio. Gradison v. Logan (1963) 135 Ind. App. 185, 192.... Sec. 17. A person must initiate an action to contest the validity of one's title to real property claimed by virtue of a deed executed under section 4...of this chapter within one (1) year after the date the deed is executed. The title becomes absolute after the expiration of the one...

...to it, and a judgment was entered declaring that deed void ab initio (see Ronald C. Stewart v. Joseph Makhani, Sup Ct New York County, Index No. 151854/2014). This Court may take judicial notice..., plaintiffs allege that Sharmaine L. Brown (Sharmaine) was the survivor of Brown's estate. By deed dated December 16, 2012, Sharmaine conveyed all her right, title, and interest to the property to plaintiff...intestate, and her son, defendant Ronald Stewart (Ronald) was her sole heir and distributee. By deed dated September 10, 2013, Ronald conveyed all his right, title and interest in the property to...

...deed dated May 14, 2004, by that defendant transferring the subject real property to the plaintiff and that defendant as joint tenants with the right of survivorship is void ab initio, and thereupon, directed that defendant to deliver to the plaintiff an administrator's deed granting...sought a judgment declaring that she is the sole owner of the subject property and that the deed was void ab initio. According to the plaintiff, the deed was void ab initio because the defendant...deed is void ab initio. In an order dated February 2, 2024, the Supreme Court, among other things, in effect, granted the plaintiff's cross-motion, determining that the deed was "not merely voidable...

...420.45 to declare a deed dated May 21, 2019, to certain real property located in Kings County void ab initio. Quirk, J. [*1] OPINION & ORDER This appeal presents...issue here was forged. The appellant further contends that it rebutted the presumption under CPL 420.45 that the deed at issue was void ab initio. For the reasons set forth below, we conclude that the Supreme Court properly granted the People's motion, in effect, pursuant to CPL 420.45 to declare the deed void.... 1 In April 2023, the People moved, in effect, pursuant to CPL 420.45 to declare the fraudulent deed void ab initio. In...

...ab initio. The special master concluded that Edna was left with a life estate upon Frank's death and that the 1985 deed was void insofar as it tried to convey fee simple title but was valid to...convey Edna's life estate to Edwina and Margaret Jean. The trial court, partially adopting the special master's findings, determined that both the 1955 deed and the 1985 deed were void ab initio...establish estate by the entireties from homestead property was void ab initio); Robbins v. Robbins, 411 So.2d 1024 (Fla. 2d DCA) (1966 deed by...

...erred by declaring the order directing issuance of the tax deed void ab initio and by declaring the tax deed void; and (3) Respondent filed its petition for tax deed for the correct tax year...Code of Civil Procedure (735 ILCS 5/2-1401) (West 2014), to vacate the trial court's July 5, 2012, order directing issuance of tax deed and declaring the tax deed void. On September 30, 2014, the trial court declared the order void ab initio and...its issuance void ab initio; and (8) whether ZFIP filed its petition for tax deed for the correct tax year. For the reasons that follow, we reverse the judgment of the trial court...

...(2) that the language of the 1990 Deed prohibited transfer of the property by gift, thus making the 2009 Deed void ab initio . Prior to trial, appellees dropped their undue influence count...remaindermen. Because that language did not include transferring the interest by gift, appellees assert that the 2009 Deed was void ab initio . Appellees are correct that the language of the 1990 Deed was...the same property. In 1990, Dianne Hudson executed a deed for her property, where she reserved a life estate for herself and granted the remaining interest to three of her relatives, appellees Karen...

...deed after the Debtor filed the petition was in violation of § 362(a)(3) and rendered the deed void ab initio. DISCUSSION...the Bank's act of recording the deed on July 20, 2011, was not a violation of § 362(a)(3). Id. at *8. In support of the argument that the deed to the Bank is void ab initio, the Debtor calls the Court's attention to In re Carpenter, 10-03870-8-SWH (Bankr. E.D.N.C. Sept. 15, 2010). The Debtor asserts that the facts in Carpenter are analogous to this case in that Carpenter involved a deed transferring...deed void ab initio. In re Carpenter, 10-03870-8-SWH, at 4 (Bankr. E.D.N.C. Sept. 15, 2010) (citing In re Village Landing, LLC, Case No. 09-00855-8-JRL (Bankr. E.D.N.C. May 13, 2009...